ENFORCE35497 - Laserfiche WebLink

Home Browse Search

,}.- ~ ~~ _ ~ ~~~ ~~~I~~~I~~I~~I~~ sss TRAPPER DINING INC. April 11, 1994 Division of Minerals and Geology 1313 Sherman St., Room 215 ~~~.~ Denver, CO 80203 llfil i~r r. Attn: Kent Gorham APR 1 ~ 1994 (1~• ;^;~ RE: Trapper Mine (Permit No. C,SI-010) "~•` fdi.9@t` ` Disctrssion of Alleged Violations in N.O.V. No. C-94-006 a irt.~ Pursuant to Colorado Division of Minerals and Geology (CDMG) Section 5.04.3 regulations, Trapper Mining Inc. (Trapper) respectfully requests that the following discussion of facts and mitigating circumstances be care- fully considered relative to assessment of a possible civil penalty for the above-referenced Notice of Violation (N.O.V.). In particular, Trapper believes that a remediation plan and schedule for No Name SR, Johnson 9R and Johnson lOR spillways agreed upon between Trapper and CDMG before the date of the inspection in which the N.O.V. was issued should exclude these facilities from any penalty wnsideration. We feel that evaluation of the facts and circumstances surrounding this matter will lead the Division to conclude that no penalty is waz- ranted and that We N.O.V, should be vacated. On March 31, 1994, Trapper was issued [he subject Notice of Violation by Kent Gorham of the Colorado Divi- sion of Minerals and Geology (CDMG) for "failure to provide a single open channel spillway of non-erodible construction." While Trapper acknowledges that the erosion problems stated in the N.O.V. did in fact occur, it is our contention that the erosion problems were not a result of any neglect by Trapper and constitute nothing more than routine spillway maintenance problems that we have committed to repair in a timely [Wanner. Mr. Gorham stated during the March 31 inspection that [he primary reason for issuance of the N.O.V, was the erosion noted at the spillway outfall of West Pyeatt No. 2 pond (NPDES discharge point 13). Mr. Gorharn's rationale for issuing the N.O.V. was based on the contention that since the erosion occurred down stream of the NPDES sample point, there could be no opportunity to repair the damage before issuance of the N.O.V. Trapper respectfully submits the following comments in support of our contention that we should be allowed to repair the spillway erosion without imposition of an N.O.V. Trapper beiieves that the intent of the regulations covering the inspection and maintenance of sediment ponds is to allow operators to identify and repair problems as they are discovered. We feel Wat an N.O.V. should be issued only if construction was completed in a negligent manner or if repairs are not carried out in a timely manner. Neither of these conditions are applicable to the current situation. 2. Trapper consttucted the spillway outfall at West Pyeall No. 2 in good faith, with [he complete expecta- tion that the outfall was of non-erodible construction. Given that problems unexpectedly occurred, Trapper is willing and committed to investigate and propose changes by means of a technical revision to prevent a reoccurrence of this erosion problem as requested by Mr. Gorham. Also, Trapper is committed to stabilizing this area as well as all other erosion areas requiring maintenance as soon as conditions allow. This has always been Trapper Mine policy. 3. This spillway outfall had functioned for two years with no erosion problems noted. Numerous other sediment ponds have been designed and constructed with CDMG's approval with similar spillway outfall designs with no erosion problems noted to date. P.O. Box 187 Craig, Colorado 81626 (303) 824-4401